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David Loy

@davidloy.bsky.social
778 followers 107 following 118 posts

Legal Director, First Amendment Coalition. Views my own. Sometimes free speech is worth what it costs, but try living without it.

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David Loy @davidloy.bsky.social · 28/08/2026
All the more reason the public is entitled to the full story of police shootings, not just the official story. inewsource.org/2026/08/27/s...
inewsource.org
San Diego insurance costs prompt city council scrutiny
San Diego's spiraling payouts and costs stemming from lawsuits – especially those against the Police Department — is getting a closer look.
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First Amendment Coalition @facoalition.bsky.social · 20/08/2026
Yesterday FAC urged the #SanDiego city attorney to disclose records related to the fatal police shooting of 16-year-old Konoa Wilson. “The public has a right to the full story, not an edited version of it.” says @davidloy.bsky.social to Times of San Diego. timesofsandiego.com/crime/2026/0...
timesofsandiego.com
Group threatens to sue San Diego for withholding records in fatal police shooting of 16-year-old boy
The First Amendment Coalition says the city refuses to release public records in the shooting death of Konoa Wilson, who was killed last year.
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David Loy @davidloy.bsky.social · 18/08/2026
Never forget that “any limits on speech countenanced by the left will be turned against leftists a hundredfold when the right is in power.” www.nytimes.com/2026/08/17/o...
nytimes.com
Opinion | After Jason Arday’s Death, Mistaken Calls for Censorship (Gift Article)
Some who once championed Arday seem to be trying to deflect from their own embarrassing credulity.
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David Loy @davidloy.bsky.social · 01/08/2026
Malice & incompetence are not mutually exclusive: “Prosecutors denied intentionally flouting the law or regulations, but admitted making mistakes, which they attributed to not knowing the relevant case law before they demanded the reporters’ data.” www.nytimes.com/2026/08/01/u...
nytimes.com
Justice Dept. Subpoenas Times Freelancer in Effort to Identify Sources
A previously undisclosed subpoena, involving reporting on a failed SEAL Team 6 mission in North Korea, reflects the government’s expanding campaign to investigate leaks of secrets.
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Liliana Segura @lilianasegura.bsky.social · 02/07/2026
This is devastating news. Kelly was an immensely talented reporter with so much heart. She was kind and supportive of other journalists on her beat, myself included, and I appreciated and admired her so much from afar. Wish I'd had a chance to tell her.
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Keri Blakinger @keribla.bsky.social · 02/07/2026
This is heartbreaking - Kelly was so nice, and so dogged. Her death is such a loss for jail oversight and accountability reporting in San Diego. www.sandiegouniontribune.com/2026/07/01/k...
sandiegouniontribune.com
Kelly Davis, intrepid reporter who exposed death and despair in San Diego County jails and gave voice to the downtrodden, dies at 53
The 2023 San Diego journalist of the year beat cancer for more than a decade before being diagnosed with a new tumor earlier this year; she leaves a lasting legacy in her adopted hometown.
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David Loy @davidloy.bsky.social · 02/07/2026
Very sad news in San Diego. Kelly was a lion of dogged accountability journalism. A huge blow to the community. www.sandiegouniontribune.com/2026/07/01/k...
sandiegouniontribune.com
Kelly Davis, intrepid reporter who exposed death and despair in San Diego County jails and gave voice to the downtrodden, dies at 53
The 2023 San Diego journalist of the year beat cancer for more than a decade before being diagnosed with a new tumor earlier this year; she leaves a lasting legacy in her adopted hometown.
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First Amendment Coalition @facoalition.bsky.social · 27/06/2026
The City of San Diego has been ordered to turn over the bodyworn camera footage and other records about the Marcus Evans incident. Records must be disclosed by July 17. buff.ly/qx6ei19
kpbs.org
City ordered to release records of SDPD shooting bean bag rounds and releasing K-9 on unarmed man
Despite public outcry and public records laws, the city of San Diego never released records of the nearly two-years-old incident. A judge has ordered the city to release the records by July 17.
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David Loy @davidloy.bsky.social · 27/06/2026
“If you don't want people to think you have something to hide, then don't hide it.” www.kpbs.org/news/racial-...
kpbs.org
City ordered to release records of SDPD shooting bean bag rounds and releasing K-9 on unarmed man
Despite public outcry and public records laws, the city of San Diego never released records of the nearly two-years-old incident. A judge has ordered the city to release the records by July 17.
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David Loy @davidloy.bsky.social · 27/06/2026
“People are entitled to the full story, not just the official story.” www.sandiegouniontribune.com/2026/06/26/j...
sandiegouniontribune.com
Judge rules San Diego violated records law in controversial police dog bite case
The judge ordered the city hand over the relevant records to a free-speech advocacy group in the use of force case against Marcus Evans.
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First Amendment Coalition @facoalition.bsky.social · 19/05/2026
In a North State library, FAC's Thad Greenson and @davidloy.bsky.social unpacked CA public meetings laws to a full room of Shasta County residents eager to know their rights. Thanks to our partners @shastascout.bsky.social @amcommmedia.bsky.social! firstamendmentcoalition.org/news/post/in...
firstamendmentcoalition.org
In a North State Library, FAC Helps Meet the Moment, Answers Access Questions
A recent Shasta County public meeting drew heavy engagement.
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First Amendment Coalition @facoalition.bsky.social · 24/04/2026
"Now that it’s undisputed that no charges will be filed, the city’s weak argument for withholding the records is even weaker," Loy tells SDUT. ⬇️ www.sandiegouniontribune.com/2026/04/23/b...
firstamendmentcoalition.org
FAC Sues San Diego for Public Records About Controversial Use of Force Against Marcus Evans
Police Officers Shot Evans with Beanbag Rounds and Deployed a Police Dog that Mauled His Arm
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First Amendment Coalition @facoalition.bsky.social · 24/04/2026
The City of San Diego is still withholding bodycam footage from the Marcus Evans incident in our public records lawsuit. But why? Officers have been cleared of wrongdoing. @davidloy.bsky.social tells @sandiegouniontribune.com: this "only confirms the city has no legal basis to withhold" the footage.
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David Loy @davidloy.bsky.social · 23/04/2026
When even this DOJ says “there was no legal basis to proceed,” you know the case is garbage. www.nytimes.com/2026/04/22/u...
nytimes.com
F.B.I. Said to Have Investigated Times Reporter After Article on Patel’s Girlfriend
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First Amendment Coalition @facoalition.bsky.social · 22/04/2026
What are authorities trying to hide? 🕵️‍♂️ Join FAC's @davidloy.bsky.social and Thad Greenson for a deep dive with @amcommmedia.bsky.social on uncovering ICE's local partnerships. Get records, read the data, and know what to look for. Don't miss this briefing americancommunitymedia.org/media-briefi...
americancommunitymedia.org
Tracking ICE–Police Collaboration: Tools for Journalists, Lawsuits and What Authorities Don’t Want You to See
As local police expand roles in immigration enforcement, limited transparency around ICE collaboration raises accountability concerns. Experts share strategies for accessing records, analyzing data,…
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First Amendment Coalition @facoalition.bsky.social · 17/04/2026
The story behind the lawsuit: @joeyneverjoe.bsky.social writes about why he's suing Imperial County for its communications with federal immigration enforcement www.joeyscott.xyz/foia-friday-...
joeyscott.xyz
FOIA Friday: I Filed Two Different Lawsuits in Two Counties.
I'm suing LA County over Flock records and Imperial County for contracts with Customs and Border Protection.
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First Amendment Coalition @facoalition.bsky.social · 17/04/2026
FAC is representing @joeyneverjoe.bsky.social in a lawsuit against Imperial County for withholding public records about the county's cooperation with ICE and other federal immigration enforcement agencies. More⬇️ firstamendmentcoalition.org/news/post/fa...
firstamendmentcoalition.org
FAC Sues Imperial County for Secret Federal Immigration Agency Contracts and Emails
The county refuses to hand over documents about its cooperation with ICE, DHS, and CBP.
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David Loy @davidloy.bsky.social · 13/04/2026
Schrödinger's blockade?
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Reporters Committee for Freedom of the Press @rcfp.org · 12/04/2026
A West Virginia law would impose a blanket restriction on publishing certain information about public officials. In a friend-of-the-court brief, @rcfp.org argues the law could chill reporting and cannot survive constitutional scrutiny.
rcfp.org
West Virginia’s Daniel’s Law would chill accountability reporting
RCFP is urging the Fourth Circuit to affirm a lower-court ruling that the law is unconstitutional.
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David Loy @davidloy.bsky.social · 10/04/2026
I’m reading @inewsource.org about San Diego's proposed empty homes tax. #LocalNewsMatters because housing policy matters. inewsource.org/2026/04/06/s...
inewsource.org
San Diego empty homes tax draws comparison to recent court loss
Opponents worry that, if approved, the tax would open the city up to legal trouble, costing residents far more than it helps.
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David Loy @davidloy.bsky.social · 10/04/2026
I’m reading @lisahalverstadt.bsky.social on a lawsuit by @voiceofsandiego.org to fight for transparency about "what the county knew about potential improprieties" before the COO of one of its contractors "faced felony charges." #LocalNewsMatters. voiceofsandiego.org/2026/04/06/a...
voiceofsandiego.org
As County Leaders Tout Transparency, They Fight Public Records Releases
Voice of San Diego last week sued the county to try to force the release of complaints against an ex-county contractor, marking the latest legal wrangling with the county over public records.
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Reporters Committee for Freedom of the Press @rcfp.org · 09/04/2026
Today marks #LocalNewsDay, a time to support local journalism as essential civic infrastructure! Get involved: localnewsday.org @rcfp.org is proud to support local newsrooms and their crucial role informing communities across the US. Learn how in the thread below:
localnewsday.org
Local News Day
A National Day of Action Connecting Communities with Trusted Local News
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Adam Steinbaugh @adamsteinbaugh.bsky.social · 08/04/2026
The President, White House, and FCC's Brendan Carr are calling for action -- and implying a criminal investigation -- against CNN for... accurately reporting what Iran's state media shared as a statement from Iran's Supreme National Security Council.
Trump "Truth": The alleged Statement put out by CNN World News is a FRAUD, as CNN well knows. The false Statement was linked to a Fake News site (from Nigeria) and, of course, immediately picked up by CNN, and blared out as a “legitimate” headline. The Official Statement by Iran was just released, and posted on TRUTH, below. Authorities are looking to determine whether or not a crime was committed on the issuance of the Fake CNN World Statement, or was it a sick rogue player? CNN is being ordered to immediately withdraw this Statement with full apologies for their, as usual, terrible “reporting.” Results of the investigation will be announced in the near future. President DONALD J. TRUMPWhite House Rapid Response account: "ATTENTION 
@cnni
: As 
@POTUS
 just said, Iran’s official statement is linked in his TRUTH below AND posted by the Iranian foreign minister. This alleged statement by “Iran” is a FRAUD! Correct immediately!" [Photo of CNN story citing "a statement from Iran's Supreme National Security Council report by Iranian state media."Brendan Carr tweet: More outrageous conduct from CNN.

Fake news is bad enough for the country, but pushing out a hoax headline in such a sensitive national security moment as this requires accountability.

Iran put out an official statement that simply cannot be squared with the one CNN's false headline attributes to them.

Time for change at CNN.Iran's PressTV Twitter account:

Supreme national security council:

Iran achieved historic victory by forcing criminal US to accept its 10-point plan.
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Saad Asad @realsaadasad.bsky.social · 08/04/2026
San Diego County opened 57 affordable housing units across Fallbrook and San Marcos — but 120,000 households are on the general waitlist. That gap is staggering. www.kpbs.org/news/living/...
kpbs.org
San Diego County opens 2 project-based Section 8 housing waitlists
Waitlists opened Monday for two new affordable housing communities in Fallbrook and San Marcos through the County of San Diego’s Housing Authority.
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Paul Gowder @gowder.io · 04/04/2026
Coming soon to a first amendment casebook near you
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David Loy @davidloy.bsky.social · 04/04/2026
Dear friends on the left who advocate restrictions on speech, be careful what you wish for. www.nytimes.com/2026/04/03/r...
nytimes.com
French Politician Is Charged With Glorifying Terrorism in Social Media Post
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First Amendment Coalition @facoalition.bsky.social · 03/04/2026
Are San Diego County’s "secret" subcommittees violating state law? 🧐 FAC's @davidloy.bsky.social warns these "ad-hoc" groups tackle long-term issues that should be discussed publicly: “It does look to me that this presents significant Brown Act problems.” www.kpbs.org/news/politic...
kpbs.org
Inside the debate over secret county subcommittees
The county says the board committees, each made up of two elected supervisors, aren’t subject to the state’s open meeting law. Others argue they should operate more transparently.
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Charlie Savage @charliesavage.bsky.social · 21/03/2026
Striking Down Pentagon Press Limits, Judge Vindicates Independent Journalism The ruling cut deeper than left-versus-right politics, declaring that the policy imposed by Defense Secretary Pete Hegseth is unconstitutional. www.nytimes.com/2026/03/20/u...
nytimes.com
Striking Down Pentagon Press Limits, Judge Vindicates Independent Journalism
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David Loy @davidloy.bsky.social · 19/03/2026
Understatement of the century: “The United States has a tendency to overestimate what political outcomes can be engineered using overwhelming military power while underestimating the fallout.” www.nytimes.com/2026/03/18/u...
nytimes.com
For U.S., Unmet Expectations in Iran Fit a Familiar Pattern in the Region
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David Loy @davidloy.bsky.social · 15/03/2026
Same dictatorship, different day: “straight out of the authoritarian playbook.” www.nytimes.com/2026/03/14/w...
nytimes.com
F.C.C. Chair Threatens to Revoke Broadcasters’ Licenses Over War Coverage
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David Loy @davidloy.bsky.social · 03/03/2026
Resistance is hard but not futile. www.nytimes.com/2026/03/02/u...
nytimes.com
Trump Administration Abandons Efforts to Impose Orders on Law Firms
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Allison Gill @muellershewrote.com · 24/02/2026
NEW: In my DOGE FOIA case with @facoalition.bsky.social Judge Boasberg ordered DoJ to ask Sean Duffy For Elon’s phone number. @nationalsecuritylaw.org is it normal to tell a witness to talk to a separate lawyer about whether or not to respond to you? storage.courtlistener.com/recap/gov.us...
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David Loy @davidloy.bsky.social · 24/02/2026
One battle after another.
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First Amendment Coalition @facoalition.bsky.social · 19/02/2026
The principal of El Capital High School banned senior quotes from the high school yearbook, saying parsing the "modern slang" of the quotes would be too difficult to vet. FAC and @splc.org note the ban violates state law, urges the principal to rescind it. firstamendmentcoalition.org/2026/02/18/f...
firstamendmentcoalition.org
FAC Urges High School to Reinstate High School Yearbook Senior Quotes
Advocacy
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First Amendment Coalition @facoalition.bsky.social · 19/02/2026
Congrats to @oaklandside.org , winner of a @spj-norcal.bsky.social award for challenging Alameda County's sideshow observer law. “We cannot do our jobs when we’re not allowed to tell the public what’s happening in their city," says @tasneemraja.bsky.social oaklandside.org/2026/02/18/o...
oaklandside.org
The Oaklandside wins prestigious award for advancing press freedom and government transparency
Independent nonprofit newsroom The Oaklandside won a Freedom of Information award from SPJ NorCal for its accountability reporting.
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Joey Scott @joeyneverjoe.bsky.social · 20/02/2026
@facoalition.bsky.social sent a letter to Imperial County counsel: “Perhaps a federal agency or official would prefer that the County not disclose the requested records, but the Supremacy Clause demands compliance only with laws of the United States, not mere wishes.”
February 19, 2026
VIA ELECTRONIC MAIL
Jose Luis Fuentes-Roman, Esq.
Deputy County Counsel, Imperial County Email: joseluisfuentes@co.imperial.ca.us
Re:
Public Record Requests by Joey Scott
Dear Mr. Fuentes-Roman:
represent independent journalist Joey Scott, who has made requests for public records to Imperial County that seek, among other things, copies of the County's contracts with or mmunications with the federal Department of Homeland Security or its components Custon d Border Protection or Immigration and Customs Enforcement. İ understand from you correspondence with him that the County has denied his requests based on the "Supremacy Clause of the United States Constitution" and "Comity doctrine."
I write to explain why the County's denial of Mr. Scott's requests on that ground violates the California Public Records Act and to request immediate disclosure of all records sought by Mr.
Scott. If the County does not comply, it may face litigation under the Public Records Act that would result in an order compelling disclosure and an award of attorney fees. Please ensure that all records requested by Mr. Scott are preserved until further notice.
As you know, the Public Records Act requires the County to disclose any public record on request unless the record is expressly exempt from disclosure by the terms of the Act. (Gov.
Code §§ 7920.510, subd. (b), 7920.525, subd. (a), 7922.000, 7922.530, subd. (a); City of San Jose v. Superior Court 2017) 2 Cal.5th 608, 616.)
The County's denial of Mr. Scott's request cites no exemption that justifies withholding the records he seeks. At best, the reference to the Supremacy Clause might be taken as implicitly attempting to invoke Government Code section 7927.705, which provides that the Public Records Act "does not require disclosure of records, the disclosure of which is exempted or prohibited pursuant to federal or state law."FAC
FIRST
AMENDMENT
COALITION
Page 2
1999). The issue is therefore whether any other federal law allows or requires the County to withhold the records requested by Mr. Scott.
The Supremacy Clause "makes 'Law of the Land' only 'Laws of the United States which shall be made in Pursuance [of the Constitution]." (Printz v. United States (1997) 521 U.S. 898, 924, emphasis added.) If an otherwise valid federal law is adopted, it can prevail over contrary state law. (See, e.g., Picayune Rancheria of Chukchansi Indians v. North Fork Rancheria of Mono Indians (2025) 117 Cal.App.5th 91, 112, fn. 6 ["The laws of the United States 'shall be the supreme Law of the Land,' notwithstanding anything to the contrary in the Constitution or laws of any state."] [quoting U.S. Const., art. VI, cl. 2].)
For example, if a federal law restricts disclosure of records, it might preempt a state statute to the contrary. (See Rim of the World Unified School Dist. v. Superior Court 2002) 104
Cal.App.4th 1393, 1399 ["Thus, we conclude that FERA preempts section 48918, in that section 48918 requires the public disclosure of student expulsion records while FERPA conditions the receipt of federal funds on protecting students and their parents from disclosure of this very type of record."].)

However, in the absence of a federal law on point, the Supremacy Clause by itself does not create any right or impose any duty to withhold public records. Perhaps a federal agency or official would prefer that the County not disclose the requested records, but the Supremacy Clause demands compliance only with laws of the United States, not mere wishes.

Absent a valid federal law to the contrary, states "retain substantial sovereign authority under our constitutional system," Gregory v. Ashcroft, 501 U.S. 452, 457(1991), including the power to determine the conditions under which public records of state or local agencies must be disclosed.
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First Amendment Coalition @facoalition.bsky.social · 23/02/2026
We hope the principal at El Capitan High School reverses course and rescinds the yearbook quote ban. Michael Chen of @abc10news.bsky.social has an update with comment from the yearbook editor www.10news.com/news/we-foll...
10news.com
First Amendment groups challenge Lakeside high school's yearbook quote elimination
El Capitan High's decision to eliminate senior yearbook quotes has drawn legal scrutiny from several groups, including the First Amendment Coalition.
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Ginny LaRoe @ginnylaroe.bsky.social · 15/10/2025
That’s 💯 percent the right political response by the Board of Supervisors. The official’s actions were plainly unconstitutional — based on this own statements. Read the letter by @davidloy.bsky.social for @shastascout.bsky.social firstamendmentcoalition.org/2025/10/09/s...
firstamendmentcoalition.org
FAC Represents Newsroom After Shasta Elections Official Illegally Excludes its Journalists from Media Release Distribution
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Ginny LaRoe @ginnylaroe.bsky.social · 15/10/2025
A California county’s top election official excluded journalists he doesn’t like from receiving press releases. Today, in response to @facoalition.bsky.social’s advocacy for @shastascout.bsky.social, these actions got a strong rebuke by the board that hired him. shastascout.org/supervisors-...
shastascout.org
Supervisors unanimously condemn Shasta election official's decision to restrict press access – Shasta Scout
Registrar of Voters Clint Curtis responded by saying county supervisors, including the three who voted to appoint him in May, are “confused.” Nevertheless, he’s agreed to post press releases on the co...
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First Amendment Coalition @facoalition.bsky.social · 08/10/2025
The answer to speech you dislike is more speech, not #censorship. voiceofoc.org/2025/10/cypr...
voiceofoc.org
Hold Your Tongue: Cypress Bans Politicians From Disparaging Each Other at City Council Meetings
Cypress officials have adopted an ordinance prohibiting their colleagues from making unsubstantiated allegations against each other.
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First Amendment Coalition @facoalition.bsky.social · 10/10/2025
FAC is representing @shastascout.bsky.social in this letter to Shasta County's elections official after he said the outlet was not "legitimate" and illegally removed her from a media release distribution list.
firstamendmentcoalition.org
FAC Represents Newsroom After Shasta Elections Official Illegally Excludes its Journalists from Media Release Distribution
Advocacy
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First Amendment Coalition @facoalition.bsky.social · 13/10/2025
Government secrecy fuels corruption. Transparency fuels accountability. That’s why FAC challenges government secrecy head-on. Support FAC: firstamendmentcoalition.org/support-fac/
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David Loy @davidloy.bsky.social · 12/06/2025
One could do worse than be called a “visceral antitotalitarian.” www.nytimes.com/2025/06/11/w...
nytimes.com
A Cutting French Senator Becomes Trump’s European Nemesis
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First Amendment Coalition @facoalition.bsky.social · 11/06/2025
In Los Angeles, LAPD and the LA Sheriff have also violated journalists' rights as they try to report the news. In California, reporters have additional protections. See our letter with 24 other groups: firstamendmentcoalition.org/2025/06/11/c...
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First Amendment Coalition @facoalition.bsky.social · 11/06/2025
With ‪@spj-norcal.bsky.social, FAC sent this letter to the San Francisco police chief noting officers' detaining, shoving, and obstructing journalists from doing their jobs covering protests. This is unacceptable. firstamendmentcoalition.org/2025/06/11/f...
firstamendmentcoalition.org
FAC, SPJ NorCal urge SFPD to respect press rights at protests
See the 2024 Impact Report >>
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The National Press Photographers Association @nppa.org · 11/06/2025
@nppa.org has joined again w/several of our 1st Amendment & free press allies in a letter to the LAPD & LASD remind them of journalist’s rights. See below. We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸
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Freedom of the Press Foundation @freedom.press · 10/06/2025
Are you a journalist covering LA protests? Check out our digital security guide on how to protect yourself, secure your communications and protect the information on your devices: freedom.press/digisec/blog...
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Freedom of the Press Foundation @freedom.press · 11/06/2025
The deployment of federal agencies to LA may be getting the headlines, but many of the most serious abuses have come from local police. We helped lead a letter to the LAPD and LASD reminding them of journalists' rights and the liability they're risking: media.freedom.press/media/docume...
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First Amendment Coalition @facoalition.bsky.social · 10/06/2025
Journalists must be allowed to do their jobs without fearing for their lives. “The First Amendment is the First Amendment regardless of who you report for or what your perspective is,” says @davidloy.bsky.social.
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Adam Rose @adamrose.bsky.social · 08/06/2025
Law enforcement is violently targeting press at protests around Los Angeles, from easily recognizable "mainstream" outlets to freelancers and independents. ALL press have explicit legal protections in California. #JournalismIsNotACrime. This evidence thread may get graphic. 🧵👇
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